CCBE moves to reform conflicts of interest rules

By Neil Rose in Bergen

Moves to resolve growing European-wide problems with conflicts of interest were last week set in motion at the 98th plenary session of the Council of Bars and Law Societies of Europe (CCBE) - the first to be held in open in its 37-year history.

Colin Tyre QC, co-chairman of the CCBE's deontology committee, told the meeting in Bergen, Norway, that it will recommend amending the CCBE code of conduct so lawyers will be able to continue to act in a conflict of interest as long as the client gives informed consent.

In general, the code has been adopted by all CCBE members.

The bars and law societies of the 15 EU nations and three European Economic Area countries are full members, while a further 13 countries' bars, mainly from eastern Europe, have observer status.

Mr Tyre, who represents Scotland's Faculty of Advocates at the CCBE, told the Gazette that the current blanket ban was not being observed.

'There is a feeling that things aren't that black and white any longer,' he said.

It was more likely that lawyers would observe a rule that allowed for informed consent, he added.

The Law Society of England and Wales is currently working on reforming its own rules on conflicts of interest, with the council approving the principle of allowing informed consent, but only in certain defined circumstances.

It would not be obliged to adopt the CCBE's rule domestically if it is either more liberal or more restrictive, but the CCBE code does apply to cross-border situations.

The change could be in place by this time next year.